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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. JAYACHANDRAN
S. Kanchana D/o M. Seenivasan Naidu – Appellant
Versus
R. Rajendran S/o Muni Markanda Naidu – Respondent
| Table of Content |
|---|
| 1. background of the money recovery suit. (Para 1 , 2) |
| 2. defendant disputes the loan amount and documents. (Para 3 , 7) |
| 3. evidence presented by both parties. (Para 4 , 5) |
| 4. trial court's ruling on the suit. (Para 6 , 10) |
| 5. burden of proof and statutory presumptions. (Para 11 , 15) |
| 6. court's evaluation of evidence regarding execution and consideration. (Para 12 , 13 , 17 , 18) |
| 7. validity of endorsements on the pro-notes. (Para 14 , 16 , 19) |
| 8. final judgment and dismissal of the appeal. (Para 20 , 21) |
JUDGMENT :
1. The Appeal Suit is directed against the judgement and decree dated 28.04.2022 passed in O.S.No.9 of 2019 on the file of II Additional District Judge, Vellore at Ranipet.
2. The suit for recovery of money is based on two promissory notes for Rs 5,00,000/- each, dated 11.11.2013, with a promise to repay the same with 24% interest on demand. According to the plaintiff, the defendant on 11.07.2016 paid a sum of Rs.2,00,000/- towards interest for each of the loans under the pro-notes and thereafter, failed and neglected to discharge the loan inspite of demand. The further case of the plaintiff is that, on 11.11.2013, the defendant also borrowed Rs.5,00,000/- and ex
The statutory presumption under Section 118 of the Negotiable Instruments Act supports the validity of promissory notes unless sufficiently rebutted, placing the burden on the defendant to prove cont....
Execution of promissory notes proved by signatures, witnesses, unanswered notices; Section 118 presumption of consideration unrebutted.
Promissory notes are valid when their execution is admitted, and the presumption of consideration can be rebutted by the defendant, but failure to present sufficient evidence maintains the plaintiff'....
The execution of a promissory note must be proven for the legal presumption of consideration to apply; failure to establish execution results in dismissal of the claim.
The burden lies on the defendants to rebut the presumption under Sec. 118 of the Negotiable Instruments Act by adducing convincing evidence to prove the non-existence of consideration.
The presumption under Section 118 of the Negotiable Instruments Act arises when execution of a promissory note is established, placing the burden on the defendant to disprove the transaction.
The main legal point established in the judgment is the presumption of consideration under Section 118 of the Negotiable Instruments Act and the burden of proof on the defendant to rebut this presump....
The presumption of consideration under Section 118 of the Negotiable Instruments Act applies once execution of the promissory note is established, placing the burden on the Defendant to rebut this pr....
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